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People v. Lorenzo

Supreme Court, Appellate Term, New York, First Department.
Feb 22, 2022
74 Misc. 3d 129 (N.Y. App. Term 2022)

Opinion

570006/20

02-22-2022

The PEOPLE of the State of New York, Respondent, v. Jose LORENZO, Defendant-Appellant.


Per Curiam.

Judgment of conviction (Jay L. Weiner, J.), rendered October 29, 2019, affirmed.

The record establishes that defendant's plea was knowing, intelligent and voluntary (see People v Conceicao , 26 NY3d 375 [2015] ). Defendant pled guilty to one misdemeanor count of criminal contempt in the second degree (see Penal Law § 215.50[3] ) in full satisfaction of an accusatory instrument charging, inter alia, two class E felonies; defendant personally confirmed that no one was forcing him to plead guilty and that he had enough time to speak to his attorney; and that he understood that he was giving up his rights to a jury trial, to confront the People's witnesses and to either testify or to remain silent. The court was not required to conduct a sua sponte inquiry into whether defendant's ability to enter the plea was impaired by drugs or alcohol. There was nothing in the record to suggest that defendant's ability to make a decision to enter a valid plea was impaired in any way, regardless of what was said on other occasions (see People v Praileau , 110 AD3d 415 [2013], lv denied 22 NY3d 1202 [2014] ; People v Rodriguez , 83 AD3d 449 [2011], lv denied 17 NY3d 800 [2011] ; People v Royster, 40 AD3d 885 [2007], lv denied 9 NY3d 881 [2007] ).

In any event, the only relief defendant requests is a dismissal of the accusatory instrument, rather than vacatur of the plea, and he expressly requests that this Court affirm his conviction if it does not grant a dismissal. Since it cannot be said that no penologicial purpose would be served by reinstating the charges (see People v Conceicao , 26 NY3d at 385 n; People v Teron , 139 AD3d 450 [2016] ), dismissal is not warranted and we therefore affirm.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

All concur


Summaries of

People v. Lorenzo

Supreme Court, Appellate Term, New York, First Department.
Feb 22, 2022
74 Misc. 3d 129 (N.Y. App. Term 2022)
Case details for

People v. Lorenzo

Case Details

Full title:The PEOPLE of the State of New York, Respondent, v. Jose LORENZO…

Court:Supreme Court, Appellate Term, New York, First Department.

Date published: Feb 22, 2022

Citations

74 Misc. 3d 129 (N.Y. App. Term 2022)
160 N.Y.S.3d 530